A criminal record can follow you long after heroin addiction is behind you, making it harder to find a job, secure housing, or obtain a professional license. Even with years of sobriety, past heroin-related offenses can create barriers that make rebuilding your life difficult.
Many people assume they can fully erase their records, but Arizona does not offer traditional expungement for heroin-related convictions. However, legal options like Setting Aside a Conviction (ARS 13-905) and obtaining a Certificate of Second Chance can significantly improve employment opportunities and restore certain rights.
Written by our addiction recovery specialists and legal experts at Nirvana Recovery, this guide provides a step-by-step approach to clearing your legal record in Arizona. It covers eligibility requirements, the application process, and how to strengthen your case if your petition is denied.
Understanding Arizona’s Laws on Clearing Criminal Records
Arizona has strict laws regarding criminal record clearing, and full expungement is not available for heroin-related offenses. However, legal alternatives can help reduce the impact of a conviction.
A. Expungement in Arizona (Not Available for Heroin Offenses)
Expungement, which results in the complete erasure of a criminal record, is not permitted for heroin-related offenses under Arizona law.
Only specific marijuana-related offenses qualify for expungement under Proposition 207 (ARS 36-2862).
Heroin-related felonies remain on record permanently unless modified through other legal remedies.
B. Setting Aside a Conviction (ARS 13-905) – The Most Effective Option
Arizona allows individuals with certain convictions to petition the court to set aside their conviction under ARS 13-905, which is the most effective legal option available for heroin-related offenses.
What It Does:
Marks the conviction as “set aside,” showing that the sentence has been completed and dismissed.
Many employers and landlords view set-aside convictions more favorably than active convictions.
Helps restore civil rights and eligibility for certain professional licenses.
What It Does Not Do:
The conviction remains on public record and can still be seen on background checks.
Certain offenses, including violent crimes, major drug trafficking charges, and repeat felony convictions, are not eligible for a set-aside.
C. Record Sealing (ARS 13-911) – Limited Eligibility for Heroin Cases
Under ARS 13-911, some individuals can petition to seal their criminal records, making them inaccessible to the general public, employers, and landlords.
What It Does:
Seals records from public databases, preventing most background checks from revealing the conviction.
In most situations, individuals can legally state that they have not been convicted of the offense.
What It Does Not Do:
Law enforcement and courts can still access sealed records.
Most heroin-related felonies do not qualify under Arizona law.
D. Certificate of Second Chance – Restoring Rights After a Conviction
A Certificate of Second Chance is an additional relief available after a conviction is set aside. This certificate can be critical for individuals seeking employment, professional licensing, and government opportunities.
What It Does:
Helps reinstate eligibility for professional licenses in healthcare, construction, education, and government employment.
Provides additional legal protections to employers who hire individuals with prior convictions.
Who Qualifies?
Individuals must obtain a set-aside before applying for a Certificate of Second Chance.
When reviewing the application, the court will evaluate rehabilitation efforts, employment history, and community contributions.
Eligibility Criteria for Record Clearing in Arizona
Not all heroin-related convictions qualify for record relief. Eligibility for record cleaning depends on factors such as the offense’s nature, sentencing requirements completion, and demonstrated rehabilitation. Understanding these criteria can help determine whether setting aside a conviction or obtaining a Certificate of Second Chance is an option.
A. Who Qualifies for Setting Aside a Heroin-Related Conviction?
To be eligible under ARS 13-905, individuals must meet the following requirements:
Complete all sentencing requirements, including:
Probation, parole, or community supervision.
Court-ordered drug treatment programs.
Payment of all fines, fees, and restitution.
Maintain a clean record after conviction, with no new criminal offenses.
Demonstrate rehabilitation through employment, education, or community involvement.
B. Who Is NOT Eligible for Record Clearing?
Certain convictions and circumstances disqualify individuals from setting aside their records:
Serious felony convictions, including:
Violent crimes or offenses involving serious physical harm.
Major drug trafficking offenses.
Repeat felony offenders—multiple convictions may reduce eligibility.
Cases involving significant public safety concerns, such as DUI-related fatalities or endangerment.
C. Eligibility for a Certificate of Second Chance
Individuals must first have their convictions set aside before applying.
The court evaluates:
Rehabilitation efforts, including completion of drug treatment or education programs.
Employment history and contributions to the community.
Time since conviction and whether the individual has maintained a crime-free record.
Step-by-Step Guide to Clearing a Heroin-Related Record in Arizona
Successfully clearing a heroin-related conviction in Arizona requires following a structured legal process.
Each step involves gathering documentation, filing petitions, and sometimes attending a court hearing.
A. Obtain Your Criminal Record
Request a copy of your criminal record from the Arizona Department of Public Safety (DPS) or the court where the conviction occurred.
Verify that all sentencing details, fines, and probation terms are correctly recorded.
Check for any errors or outstanding legal obligations that could affect eligibility.
B. Gather Supporting Documents
Strong supporting evidence increases the likelihood of having a conviction set aside. Recommended documents include:
Proof of sentence completion (parole/probation reports, fine payment receipts).
Certificates from rehabilitation programs (drug treatment, education, vocational training).
Employment records or letters from employers confirming stable work history.
Character references from community leaders, mentors, or counselors attest to personal growth.
C. File a Petition to Set Aside the Conviction
Submit a formal petition to the court where the conviction was issued.
Attach all supporting documents demonstrating rehabilitation.
Pay any applicable court fees (fee waivers may be available for low-income applicants).
D. Attend a Court Hearing (If Required)
Some cases are reviewed based on documentation alone, while others require a hearing before a judge.
If a hearing is required, be prepared to:
Explain how you have changed since the conviction.
Provide evidence of rehabilitation, employment, and community involvement.
Show that clearing your record will positively impact your future.
E. Apply for a Certificate of Second Chance (If Eligible)
Once a conviction is set aside, apply for a Certificate of Second Chance to improve job and licensing opportunities.
Courts consider:
Time since the conviction and offense severity.
Efforts toward rehabilitation and personal improvement.
The impact of the certificate on employment and licensing opportunities.
What to Do If Your Petition Is Denied?
A denied petition doesn’t mean the process is over. Understanding the reasons for denial and strengthening your case can improve your chances in a future application.
A. Common Reasons for Denial
Outstanding fines, fees, or restitution – Courts may reject petitions if financial obligations remain unpaid.
Insufficient time since conviction – Judges may require more time before granting relief.
Lack of documented rehabilitation efforts – Failure to provide proof of treatment, employment, or community service can weaken the petition.
Nature of the offense – Certain heroin-related felonies, such as drug trafficking or violent crimes, may not qualify.
B. How to Strengthen Your Case for Reapplication
Resolve all outstanding legal and financial obligations before reapplying.
Complete additional rehabilitation programs, including addiction treatment, vocational training, or education courses.
Obtain strong letters of support from employers, community leaders, counselors, or mentors.
Wait an appropriate amount of time before reapplying to demonstrate consistent positive behavior.
Work with a legal professional to refine your petition and address any weaknesses.
Life After Clearing Your Legal Issues Record in Arizona: Next Steps
Clearing your record can open new doors, but successfully reintegrating into society requires proactive steps. Whether you’re seeking employment, housing, or professional licensing, knowing how to go through these opportunities will help you make the most of your fresh start.
A. Employment & Career Growth
Many Arizona employers view set-aside convictions favorably, improving job prospects.
If asked about past convictions, explain that the case was dismissed and highlight your rehabilitation efforts.
A Certificate of Second Chance can remove barriers to professional licenses and government jobs.
B. Housing & Financial Stability
More landlords are willing to rent to individuals with a set-aside conviction than those with an active record.
Expanding access to bank loans, housing assistance, and financial aid may become easier.
Some background checks may still display past convictions, so be prepared to explain your legal relief status.
C. Professional Licensing & Education
Arizona licensing boards must consider a Certificate of Second Chance, improving eligibility for healthcare, construction, and education jobs.
Some schools and training programs may offer more opportunities for record-relieving individuals.
Continuing education or vocational training can strengthen career prospects post-conviction.
Arizona Legal & Recovery Resources
Successfully clearing your record and rebuilding your life often requires legal guidance and ongoing recovery support. Below are key resources in Arizona that can assist with the process.
A. Legal Assistance
Arizona State Bar Lawyer Referral Service – Connects individuals with licensed attorneys for legal guidance.
Community Legal Services – Provides free or low-cost legal aid for qualifying individuals.
Arizona Courts Self-Service Center – Offers legal forms and guidance on filing petitions.
B. Recovery & Support Programs
Arizona Department of Health Services – Substance Abuse Resources – Lists state-funded treatment programs and recovery support.
Nirvana Recovery – Comprehensive Addiction & Legal Support
We provide personalized outpatient treatment, therapy, and expert guidance on clearing criminal records. Call Now!
Conclusion:
A heroin-related conviction doesn’t have to hold you back. While Arizona doesn’t allow full expungement, setting aside a conviction and obtaining a Certificate of Second Chance can open doors to better jobs, housing, and professional opportunities.
Clearing your record is just the start—true recovery comes from rebuilding your life with the right support. At Nirvana Recovery, the No.1 drug rehab in Arizona, we provide more than addiction treatment. We help you through the legal process, regain stability, and create a future free from the limits of your past.
Does a set-aside conviction affect immigration status or visa applications?
Yes. Immigration authorities still treat a set-aside conviction as a prior offense. It can impact visa renewals, green card eligibility, and naturalization. Consult an immigration attorney before applying for status changes.
Can I vote after a heroin-related felony conviction in Arizona?
Felony convictions remove voting rights. First-time felons can have their rights automatically restored after their sentences are completed, while repeat offenders must petition the court.
Can a set-aside conviction impact child custody cases?
Yes. Arizona family courts consider past drug convictions when determining custody and visitation rights. A set aside can help, but judges will assess sobriety, employment, and parental responsibility before making decisions.
Will my record automatically be sealed after a certain number of years?
No. Arizona does not automatically seal criminal records, regardless of how much time has passed. A petition must be filed to set aside or seal a conviction if eligible.
Can I apply for federal student aid with a heroin-related conviction?
Maybe. A drug conviction while receiving federal student aid can result in temporary ineligibility for Pell Grants and loans. Completing a qualified drug rehab program or passing two drug tests can restore eligibility.
Are DUI cases involving heroin treated differently than possession charges?
Yes. Heroin DUIs carry mandatory license suspension, fines, and potential jail time. Unlike simple possession, they often cannot be set aside and require separate legal action to restore driving privileges.
How to Expunge (Clear) Your Record After Heroin Legal Issues in Arizona?
Published On March 1, 2025
Table of Contents
A criminal record can follow you long after heroin addiction is behind you, making it harder to find a job, secure housing, or obtain a professional license. Even with years of sobriety, past heroin-related offenses can create barriers that make rebuilding your life difficult.
Many people assume they can fully erase their records, but Arizona does not offer traditional expungement for heroin-related convictions. However, legal options like Setting Aside a Conviction (ARS 13-905) and obtaining a Certificate of Second Chance can significantly improve employment opportunities and restore certain rights.
Written by our addiction recovery specialists and legal experts at Nirvana Recovery, this guide provides a step-by-step approach to clearing your legal record in Arizona. It covers eligibility requirements, the application process, and how to strengthen your case if your petition is denied.
Understanding Arizona’s Laws on Clearing Criminal Records
Arizona has strict laws regarding criminal record clearing, and full expungement is not available for heroin-related offenses. However, legal alternatives can help reduce the impact of a conviction.
A. Expungement in Arizona (Not Available for Heroin Offenses)
Expungement, which results in the complete erasure of a criminal record, is not permitted for heroin-related offenses under Arizona law.
B. Setting Aside a Conviction (ARS 13-905) – The Most Effective Option
Arizona allows individuals with certain convictions to petition the court to set aside their conviction under ARS 13-905, which is the most effective legal option available for heroin-related offenses.
C. Record Sealing (ARS 13-911) – Limited Eligibility for Heroin Cases
Under ARS 13-911, some individuals can petition to seal their criminal records, making them inaccessible to the general public, employers, and landlords.
D. Certificate of Second Chance – Restoring Rights After a Conviction
A Certificate of Second Chance is an additional relief available after a conviction is set aside. This certificate can be critical for individuals seeking employment, professional licensing, and government opportunities.
Eligibility Criteria for Record Clearing in Arizona
Not all heroin-related convictions qualify for record relief. Eligibility for record cleaning depends on factors such as the offense’s nature, sentencing requirements completion, and demonstrated rehabilitation. Understanding these criteria can help determine whether setting aside a conviction or obtaining a Certificate of Second Chance is an option.
A. Who Qualifies for Setting Aside a Heroin-Related Conviction?
To be eligible under ARS 13-905, individuals must meet the following requirements:
B. Who Is NOT Eligible for Record Clearing?
Certain convictions and circumstances disqualify individuals from setting aside their records:
C. Eligibility for a Certificate of Second Chance
Individuals must first have their convictions set aside before applying.
Step-by-Step Guide to Clearing a Heroin-Related Record in Arizona
Successfully clearing a heroin-related conviction in Arizona requires following a structured legal process.
Each step involves gathering documentation, filing petitions, and sometimes attending a court hearing.
A. Obtain Your Criminal Record
B. Gather Supporting Documents
Strong supporting evidence increases the likelihood of having a conviction set aside. Recommended documents include:
C. File a Petition to Set Aside the Conviction
D. Attend a Court Hearing (If Required)
E. Apply for a Certificate of Second Chance (If Eligible)
What to Do If Your Petition Is Denied?
A denied petition doesn’t mean the process is over. Understanding the reasons for denial and strengthening your case can improve your chances in a future application.
A. Common Reasons for Denial
B. How to Strengthen Your Case for Reapplication
Life After Clearing Your Legal Issues Record in Arizona: Next Steps
Clearing your record can open new doors, but successfully reintegrating into society requires proactive steps. Whether you’re seeking employment, housing, or professional licensing, knowing how to go through these opportunities will help you make the most of your fresh start.
A. Employment & Career Growth
B. Housing & Financial Stability
C. Professional Licensing & Education
Arizona Legal & Recovery Resources
Successfully clearing your record and rebuilding your life often requires legal guidance and ongoing recovery support. Below are key resources in Arizona that can assist with the process.
A. Legal Assistance
B. Recovery & Support Programs
We provide personalized outpatient treatment, therapy, and expert guidance on clearing criminal records. Call Now!
Conclusion:
A heroin-related conviction doesn’t have to hold you back. While Arizona doesn’t allow full expungement, setting aside a conviction and obtaining a Certificate of Second Chance can open doors to better jobs, housing, and professional opportunities.
Clearing your record is just the start—true recovery comes from rebuilding your life with the right support. At Nirvana Recovery, the No.1 drug rehab in Arizona, we provide more than addiction treatment. We help you through the legal process, regain stability, and create a future free from the limits of your past.
Take the next step today. Contact Nirvana Recovery to start your journey.
FAQs
Yes. Immigration authorities still treat a set-aside conviction as a prior offense. It can impact visa renewals, green card eligibility, and naturalization. Consult an immigration attorney before applying for status changes.
Felony convictions remove voting rights. First-time felons can have their rights automatically restored after their sentences are completed, while repeat offenders must petition the court.
Yes. Arizona family courts consider past drug convictions when determining custody and visitation rights. A set aside can help, but judges will assess sobriety, employment, and parental responsibility before making decisions.
No. Arizona does not automatically seal criminal records, regardless of how much time has passed. A petition must be filed to set aside or seal a conviction if eligible.
Maybe. A drug conviction while receiving federal student aid can result in temporary ineligibility for Pell Grants and loans. Completing a qualified drug rehab program or passing two drug tests can restore eligibility.
Yes. Heroin DUIs carry mandatory license suspension, fines, and potential jail time. Unlike simple possession, they often cannot be set aside and require separate legal action to restore driving privileges.